08-13-18 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 13, 2018 7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Zerby___
Johnson___
Labadie___
Siakel___
Sundberg___
B. Review Agenda
Attachments
2. CONSENT AGENDA
– Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. Approval of City Council Special Meeting Minutes of July 23, 2018 Minutes
B. Approval of City Council Work Session Minutes of July 23, 2018 Minutes
C. Approval of City Council Regular Meeting Minutes of July 23, 2018 Minutes
D. Approval of the Verified Claims List Claims List
E. Approval of Change Order No. 4, City Project 17-13 Engineer Memo
Resolution 18-076
F. LMCIT Liability Waiver Form City Administrator memo
Resolution 18-077
G. Authorize Job Offer for Building Official position City Administrator memo
3. MATTERS FROM THE FLOOR
(No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Mike Meehan, SLMPD Chief 2019 SLMPD Budget
B. Scott Gerber, EFD Chief 2019 EFD Budget
6. PARKS
A. Authorize acceptance of bid for professional services (Badger Park) Planning Director Memo
Resolution 18-078
Proposal
CITY COUNCIL REGULAR MEETING AGENDA – AUGUST 13, 2018
Page 2
7. PLANNING
A. Report by Commissioner Gorham on 07-17-18 Planning Commission Meeting Minutes
B. P.U.D Amendment for Building Height: Minnetonka Country Club Planning Director Memo
Resolution 18-079
8. ENGINEERING/PUBLIC WORKS
9. GENERAL/NEW BUSINESS
A. Noise Study for area south of Badger Park Planning Director Memo
Noise Study
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Public Alert
2. Administration of the Wetland Conservation Act
B. Mayor and City Council
11. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS
MONDAY, JULY 23, 2018 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL SPECIAL MEETING
Mayor Zerby called the meeting to order at 6:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Sundberg, Siakel, and Labadie; City
Administrator Lerud, Director of Public Works Larry Brown, and Planning Director Marie
Darling.
B. Review Agenda
Sundberg moved, Siakel seconded, Approving the Agenda as presented. Motion passed 5/0.
2. INTERVIEW CANDIDATE FOR CONSIDERATION OF BUILDING OFFICIAL
City Administrator Lerud said that staff had interviewed four candidates for the Building Official position,
and they recommended the City Council interview Wade Woodward for the position. Lerud brought
Woodward into the Council Chambers.
The Council interviewed Woodward for the Finance Director position. At the conclusion of the interview
Siakel moved, second by Sundberg to authorize Lerud conduct a
and after a council discussion,
background check and if the results were acceptable to negotiate an offer to be considered by the
Council at a future meeting.
Motion passed 5/0.
3. ADJOURN
Sundberg moved, Labadie seconded, Adjourning the City Council Special Meeting of July 23. 2018
at 6:49 P.M. Motion passed 5/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, JULY 23, 2018 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Zerby called the meeting to order at 6:50 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel and Sundberg; City
Administrator Lerud; Planning Director Darling; Director of Public Works Brown; and,
City Engineer Fauske
Absent: None
2. 2019 STREET PROJECT
City Engineer Fauske stated that staff would like direction from Council as to whether to proceed with one
project area for 2019 or consider some bonding to proceed with a bit more aggressive project schedule.
Councilmember Siakel stated that she has received multiple comments asking when the City was going to
fix Birch Bluff and whether Marty Davis was going to pitch in and cover costs. She stated that she is not
sure she is comfortable moving forward with bonding for four roads that the City will end up paying on for
the next ten years and leaving all the other streets just sitting there that need work. She asked about the
Street Fund balance.
City Administrator Lerud stated that the Street Fund should have $1.39 million at the beginning of 2019.
Public Works Director Brown explained that the priority of the roads was determined through a combination
of the Pacer system and the core samples that have been taken, but also the location of water and the future
ability to provide water connections where they do not already exist.
The Council discussed water hook up infrastructure costs and how assertive to be about residents hooking
up to the service.
Mayor Zerby stated that he does not like spending the money to get the hook ups in place and then nobody
actually hooks up to the system. He gave the example of the stubs along Smithtown Road that have been
available for ten years and nobody is hooking up.
Councilmember Siakel stated that perhaps the City should just have the courage to just do it, which will
also add to the water fund. She noted this would help the City not to be always in the situation where it is
struggling for money. She noted that she is still unsure which roads really need to be taken care of next
year.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
JULY 23, 2018
Page 2 of 2
Public Works Director Brown stated that number one priorities are Glen Road, Amlee Road and Manitou
Lane, and after that, it would be Grant Lorenz, Eureka Road and Birch Bluff as the top candidates.
Councilmember Siakel noted that the projected cost listed is $2.7 million and the City only has $1.39 million
in the budget.
City Administrator Lerud reviewed the debt service bond information and stated that it is important to
notice that the City is getting behind in the work, which is why staff wanted direction from Council on
whether to bond for a more aggressive approach to the street projects and address the long-term plans.
Councilmember Labadie stated that she is in a similar situation to Councilmember Siakel in that many
residents have come to her asking about the Davis project kicking in to cover road projects. She stated that
she understands the City does not go after residents, but it is a big issue with residents who have come to
her asking about it. She stated that when she was debating running for Council or not, she held meetings
at a coffee shop and the biggest issue people asked her about was whether the City was going to make them
hook up to the water system. She stated that she thinks this topic merits more work session discussion time.
Councilmember Siakel stated that she thinks there is a lot of misunderstanding surrounding the issue of
water hook up and suggested part of the process should be doing some education to help people understand
it better.
Mayor Zerby stated that he does not feel that the City can keep spending money simply hoping that people
hook up to water system. He stated that a better business plan is needed and perhaps some incentives for
hooking up need to be created. He stated that mandating hook up to residents is the last thing he wants to
do.
City Engineer Fauske confirmed that for the next work session, the Council would like more information
on water connections, a more in depth discussion on educational components, as well as details of the
criteria used to evaluate the roads with Pacer ratings and core sampling information,
3. ADJOURN
Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of July 23, 2018, at
7:05 P.M. Motion passed 5/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
2C
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JULY 23, 2018 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Attorney
Keane; City Administrator Lerud; Planning Director Darling; Director of Public Works
Brown; and, City Engineer Fauske
Absent: None.
B. Review Agenda
Sundberg moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0.
2. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. City Council Special Session Meeting Minutes of July 9, 2018
B. City Council Regular Meeting Minutes of July 9, 2018
C. Approval of the Verified Claims List
D. Approve ORDINANCE 561/ RESOLUTION NO. 18-071: City Code Supplement S-
13, “An Ordinance Enacting and Adopting the 2018 S-13 Supplement to the Code of
Ordinances for the City of Shorewood, Minnesota” and “A Resolution Approving
Publication of Ordinance 561 Enacting and Adopting the 2018 S-13 Supplement to
the Code of Ordinances for the City of Shorewood.”
E. Authorization to Offer Additional Buy Down Energy Audits
Motion passed 5/0.
3. MATTERS FROM THE FLOOR
Troy Stottler, 23620 Smithtown Road, stated that he is a retired firefighter and currently works for First
Student. He expressed concern about local fire crews responding to a fire last Friday evening to a garage
in Deephaven. He stated that the fire was at his ex-father-in-law’s garage where for the last nine years, he
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JULY 23, 2018
Page 2 of 5
has been running a motorcycle repair business out of the garage. He stated that he had previously reported
this to the fire marshall and the City of Deephaven. He expressed concern about zoning violations and a
running a business illegally out of a garage. He stated that he does not feel this has been investigated. He
stated that allowing businesses to run illegally causes safety concerns for the firefighters, costs money for
the trucks and equipment, but also takes funds from the firefighter pension fund. He asked for an
investigation and for the City to uphold the safety standards. He stated that he did not think the City should
have to pay any of the costs associated with this fire.
Councilmember Sundberg thanked Mr. Stottler for coming in and making sure the Council is aware of what
is going on. She stated that she is a member of the Fire Board and will be making inquiries, however, she
is not sure how much this Council and the City of Shorewood can do since the property is located in
Deephaven.
City Administrator Lerud stated that this Council would have very little influence on what decision the City
of Deephaven makes but, agreed that it should be raised to the Fire Board.
4. PUBLIC HEARING - None
5. REPORTS AND PRESENTATIONS
A. Eric Evenson, Lake Minnetonka Association
Mayor Zerby stated that Eric Evenson was not present, so he would move on to the next item on the agenda.
6. PARKS
A. Report by Commissioner Ashmore on July 10, 2018 Park Tours/Park Commission Meeting
Commissioner Ashmore stated that this was the second part of the Park Tour and they took a look at Manor
Park, Silverwood Park, and Southshore Community Park. She stated that there were about 17 neighbors
from the Manor Park area that joined the tour and expressed their concerns with “the pond” and asked for
it to be re-evaluated. She stated that the process was explained to the residents and the Park Commission
made a motion asking staff to start looking at both short term and long-term solutions for the pond.
Mayor Zerby suggested asking the people that have worked with the Christmas Lake Homeowner’s
Association to take a look at and give an opinion. He believes it was somebody called, Steve, “The Lake
Doctor”.
Public Works Director Brown stated that he thinks that is a good idea and noted that both the watershed
district and the University of Minnesota were involved when the pond was evaluated 13 years ago.
7. PLANNING
A. Approve Development Agreement for Starbucks at 19285 Hwy 7
Planning Director Darling explained that one of the final conditions of the CUP approval for this project is
the execution of a development agreement. She reviewed some of the details of the development agreement
including what improvements the City expects in the public right-of-way as well as a deadline for
completion.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JULY 23, 2018
Page 3 of 5
Mayor Zerby stated that the completion date of October 31, 2019 seems a bit too far out and asked if the
roadwork would be done before school began.
Planning Director Darling stated that she built in some extra time into the agreement, but noted that it may
not take them quite that long to fully complete the project. She stated that the Council could change the
date if they wished. She stated that the plan is for the roadwork to be completed before school begins.
City Engineer Fauske confirmed that the applicant has submitted for the right-of-way permit and the plan
is to complete the improvements before school starts, however, with the rainy weather that has been
happening, an extension may be needed.
Mayor Zerby suggested changing the completion date to September 1, 2019, so it will be before school
begins next year.
Zerby moved, Sundberg seconded, to Approve RESOLUTION No. 2018-072, “A Resolution
Approving A Development Agreement for Redevelopment of 19285 Highway 7, for Starbucks with a
Drive-Thru Service Window” with a revision to item number seven, Schedule of Work, to state “The
Developer shall install all required site improvements by September 1, 2019”. Motion carried 5/0.
ENGINEERING/PUBLIC WORKS
A. Accept Bids and Award Contract for Boulder Bridge Well Motor Control Center
Replacement Project, City Project 18-01
Public Works Director Brown explained that there were three bids submitted and opened on July 12, 2018
for this project. The low bid of $129,900.00 was submitted from Electrical Installation and Maintenance
Co. (EIM). Staff is recommending approval.
Councilmember Siakel asked for clarification of bid security.
Public Works Director Brown explained that bid security is for instances when a bidder would refuse to go
into a contract. It allows the City to recoup some of its costs to re-advertise the project. He noted that EIM
submitted a 5% bid security amount rather than the 10% the other bidders submitted. He stated that after
talking to staff and the City Attorney, it was determined that this was a minor irregularity that could be
waived.
Siakel moved, Labadie seconded, to Approve RESOLUTION No. 18-073, “A Resolution Accepting
Bids and Awarding Contract for Boulder Bridge Motor Control Replacement Project, City Project
18-01, to Electrical Installation and Maintenance Co in an amount of $129,900.00.” Motion carried.
5/0.
B. Accept Quotes and Award Contract for 2018 Pavement Marking Project
Engineer Fauske explained that two quotes were opened earlier today. The lowest bid was from Sir Lines-
A- Lot at $28,546.70, which is below the project estimate. Staff is recommending approval.
Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 18-074, “A Resolution Accepting
Quote and Awarding Contract for the 2018 Pavement Marking Project to Sir Lines A Lot in the
amount of $28,546.70.”
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JULY 23, 2018
Page 4 of 5
Mayor Zerby asked if the striping would be done as a two-part process like it has been done in the past.
Public Works Director Brown explained that some of the striping will be done in conjunction with the
sealcoating project, so it will be split up similar to the past.
Motion passed 5/0.
8. GENERAL/NEW BUSINESS
A. Approve Purchase Agreement for Lot Sale: 22000 Stratford Place
City Administrator Lerud stated that the City was approached by William Coldwell who expressed interest
nd
in buying this lot. He explained that the property served as an outlot to the Woodhaven 2 Addition, for a
well house facility, which has since been removed and the well abandoned. He stated that this is not a
developer, but a single-family home for Mr. Coldwell. He stated that the City had contacted the County
Assessor to determine the value and a price range for the parcel. The range given of $135,000 to $185,000
was also confirmed with a local real estate agent. Staff has worked with the City Attorney to draft a
purchase agreement for a sale price of $155,000. He stated that the City will need to provide platting of the
property and a marketable title. Staff is recommending approval.
Councilmember Siakel asked if the revenue from the sale would go into the General Fund.
City Administrator Lerud stated that it is at the Council’s discretion as to which fund the monies should be
placed.
Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 18-075, “A Resolution Approving
Purchase Agreement for City-Owned Parcel Located at 22000 Stratford Place.” Motion passed 5/0.
9. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Watermain Break
Public Works Director Brown stated that there was a watermain break on
Smithtown Road last week which affected the walkway and the curbing. He stated
that there is a company coming in to complete the restoration and explained that
this was a more complicated watermain break than usual.
2. Finance Report
City Administrator Lerud stated the monthly finance report is in the packet and he
would be happy to answer any questions the council had. He said he has spoken
with the new Finance Director about changing the format of the report in the future.
3. Budget Schedule
City Administrator Lerud noted that because the interview meeting went longer
tonight, he will try and find time at the next work session to continue the CIP
discussion. He said a budget work session is scheduled for August 27, 2018. He
stated that the preliminary budget will be approved at the September 10, 2018
Council meeting. The Truth in Taxation will be held December 3, 2018 with the
final budget to be approved at the December 10, 2018 meeting.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
JULY 23, 2018
Page 5 of 5
Other
Mayor Zerby noted that he had just received a report of yellow water on SeeClickFix and asked Public
Works Director Brown if that was part of the watermain break repair.
Public Works Director Brown stated that he had been out in the field, so he had not yet seen the SeeClickFix
report. However, he believes that this home is serviced by the City of Excelsior who recently flushed the
watermain. He stated that he will follow up but is sure that the City of Excelsior will continue to work with
the resident to resolve the yellow water issue.
Mayor Zerby asked about the Smithtown/Eureka lighting proposal.
Public Works Director Brown noted that Xcel Energy is working on it and has a solution, but the watermain
break detained him from being able to discuss it with them.
Mayor Zerby noted that a tree had fallen on Smithtown Road and wanted to give kudos to the crew for how
well the situation was handled.
City Engineer Fauske stated that the reconstruction project on Yellowstone Lane began today and when it
is finished in this area, will move over to Shorewood Lane. She stated that they have weekly meetings
scheduled to discuss progress and the planned schedule will be communicated to residents.
Mayor Zerby asked the City Engineer to check into the project on Highway 41 and Highway 7, in front of
Caribou Coffee. He stated that there is a portion that is still unpainted and asked if that was intentional. He
stated that also at the Fireman’s Dance, he heard comments from Howard’s Point residents about lawn
restoration.
City Administrator Lerud stated that he was informed by the new Tonka Bay administrator that the City of
Tonka Bay purchased portable speed bumps for Pleasant and Birch Bluff. He also noted that that the City
received certification today that the city is in compliance with pay equity requirements.
Mayor and City Council
Mayor Zerby stated that the Fireman’s Dance was a great function.
10. ADJOURN
Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of July 23, 2018,
at 7:52 P.M. Motion passed 5/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
#2D
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: August 13, 2018
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Joe Rigdon, Interim Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid?
Background:
Claims for council authorization.
64649 - 64671 & ACH 599,139.78
Total Claims $599,139.78
We have also included a payroll summary for the payroll period ending August 5, 2018.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide services to our residents an
budgeted and available for these purposes.
Options:
The City Council is may accept the staff recommendation to pay these claims or may r
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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#2E
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Approve Change Order No. 3 for the 2017 Pavement Reclamation Project (Howards
Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17-13
Meeting Date: August 13, 2018
Prepared by: Katie Koscielak, Project Engineer
Reviewed by: Alyson Fauske, City Engineer
Attachments: Change Order No. 4 and Resolution Approving Change Order No. 4
Background: The City Council awarded the construction contract for the 2017 Pavement Reclamation
Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17-13,
on September 11, 2017. During the progress of construction, staff had coordinated with C. S. McCrossan
to complete the following additional work items to address drainage concerns and facilitate
construction.
Installation of common borrow material necessary to backfill behind new concrete curb and
gutter installations
Calcium chloride application along Howard’s Point Road for dust abatement
Drainage improvements within the cul-de-sac of Howard’s Point Road, including installation of
storm manhole and floating silt fence.
Milling along Summit Avenue to preserve existing bituminous curb
Subgrade corrections along Howard’s Point Road, Echo Road, and Oak Ridge Circle to address
isolated poor soils
Salvage and reinstallation of signage throughout the project corridor to facilitate construction
C. S. McCrossan Contracting Inc. has submitted a change order detailing the additional work items which
have been reviewed by staff with regard to the work scope and additional costs and have been
determined to be appropriate for the work performed.
Financial or Budget Considerations: The project construction contract as bid was awarded by the
Council in the amount of $810,924.60. Previously approved Change Orders No. 1, 2, and 3 increased the
construction contract to $825,980.55. Change Order No. 4 will increase the construction contract in the
Change orders to date will increase the contract by
amount of $16,595.34 to $842,575.89.
approximately 3.90% which is within contingency expectations for similar projects.
Recommendation: Staff recommends the City Council approve the attached resolution Approving
Change Order No. 4 and Authorizing Payment of Pay Voucher No. 4 for the 2017 Pavement Reclamation
Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue), City Project 17-13
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 18 -___
A RESOLUTION APPROVING CHANGE ORDER NO 4
FOR THE 2017 PAVEMENT RECLAMATION PROJECT
(HOWARDS POINT ROAD, KATHLEEN COURT, OAK RIDGE CIRCLE,
AND SUMMIT AVENUE)
CITY PROJECT 17-13
WHEREAS
, the City of Shorewood City of Shorewood Council awarded
the contract for the 2017 Pavement Reclamation Project (Howards Point Road, Kathleen
Court, Oak Ridge Circle, and Summit Avenue), City Project 17-13, on September 11,
2017; and
WHEREAS
, Change Orders No. 1, 2 and 3 were necessary to construct the
improvements and associated work previously recommended by staff and approved by the
City Council; and
WHEREAS
, Change Orders No. 1, 2 and 3 increased the project construction
costs in the amount of $15,055.95, to $825,980.55.; and
WHEREAS,
Change Order 4 is necessary to address drainage concerns and
facilitate construction operations within the project corridor; and
WHEREAS,
Change Order 4 will increase the project construction costs in the
amount of $16,595.34 to $842,575.89.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of
Shorewood as follows:
1. Change Order 4 in the total amount of $16,595.34 is hereby approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
th
this 13 day of August, 2018.
ATTEST: Scott Zerby, Mayor
Sandie Thone, City Clerk
#2F
MEETING TYPE
REGULAR
City of Shorewood Council Meeting Item
Title / Subject: Resolution Electing To Not Waive Statutory Tort Limits
Meeting Date: August 13, 2018
Prepared by: Greg Lerud
Attachment: Resolution
Policy Consideration:
Should the City waive the statutory tort limits, waive the limits and purchase excess liability coverage, or
waive the limits and not purchase excess liability coverage.
Background:
The City Council is required to annually pass a resolution indicating if they wish to waive or not waive the
monetary limits on municipal tort liability insurance established by Minnesota Statute 466.04. The current
statutory liability limits are $500,000 per claimant and $1,500,000 per occurrence. Traditionally the city
has not waived statutory tort limits, and purchased additional liability insurance.
Financial or Budget Considerations
Traditionally the city has not waived liability limits and purchased additional liability insurance. The
proposed 2019 budget has been prepared as if that practice continues.
Options:
The City Council can do the following:
1.Adopted the attached Resolution and not waive the limits.
2.Waive the statutory limits and not purchase excess liability insurance coverage.
3.Waive the statutory limits and purchase excess liability insurance coverage.
Recommendation / Action Requested:
Staff recommends that the City Council adopt the resolution as submitted by staff.
Next Steps and Timelines:
Staff is working through the insurance renewal process for the November 1 renewal date.
Connection to Vision / Mission:
This process contributes to sound financial management through proper insurance coverage.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION ELECTING TO NOT WAIVE STATUTORY TORT LIMITS
FOR LIABILITY INSURANCE
WHEREAS
, pursuant to previous action taken, the League of Minnesota Cities Insurance
Trust has requested the City to make an election with regards to waiving or not waiving its tort
liability established by Minnesota Statutes 466.04; and
WHEREAS
, the choices available are to not waive the statutory limit, to waive the limit
but to keep insurance coverage at the statutory limit, or to waive the limit and to add insurance to
a new level;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHOREWOOD AS FOLLOWS
:
That the Shorewood City Council does hereby elect to not waive the statutory tort liability
limit established by Minnesota Statutes 466.04, and elects to purchase additional liability
insurance. This election is effective until amended by further resolution of the Shorewood
City Council.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 13 day of
August, 2018.
ATTEST: Scott Zerby, Mayor
________________________________
Sandie Thone, City Clerk
LIABILITY COVERAGE – WAIVER FORM
LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of
the coverage. Please return the completed form to your underwriter or email to pstech@lmc.org
This decision must be made by the member’s governing body every year. You may also wish to discuss these issues with
your attorney.
League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide
whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following
effects:
If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than
$500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a
single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits
apply regardless of whether the city purchases the optional excess liability coverage.
If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could
potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to
the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited
to $2,000,000, regardless of the number of claimants.
If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to
recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage
purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name
Check one:
DOES NOT WAIVE
The member the monetary limits on municipal tort liability established by Minnesota Statutes,
Section 466.04.
WAIVES
The member the monetary limits on municipal tort liability established by Minnesota Statutes, Section
466.04 to the extent of the limits of the liability coverage obtained from LMCIT.
Date of city council/governing body meeting
Signature Position
#2G
MEETING TYPE
City of Shorewood Council Meeting Item
REGULAR
Title / Subject: Building Official Candidate
Meeting Date: August 13, 2018
Prepared by: Greg Lerud, City Administrator
Background: The City Council interviewed Wade Woodward at the July 23 special meeting. Following
that meeting the council directed staff to conduct a background and reference check, and if the results
were acceptable, to negotiate an offer for council consideration. I contacted references provided by the
candidate as well as ones that I developed. Staff did not encounter any unfavorable references or
information that was cause for concern about the candidate. The information was very positive.
A conditional offer of employment was extended to Mr. Woodward on August 3 and accepted by him
the same day. The terms of the offer are:
1.Salary $36.66
2.Six-month probation
3.City would provide the necessary continuing education to maintain MN building official
certification.
4.All other conditions of employment determined by the city’s personnel policy.
Financial or Budget Considerations: As Joe Pazandak phases out of the position and the new candidate
comes in, there will be some additional expense. Staff will partially mitigate the impact by moving
inspections that are being done now by Minspect and have the new candidate perform them. Once the
new candidate is fully in the position, those inspections would phase back to Minspect.
Options: Approve, amend, or reject the offer as presented, or provide staff with alternate direction.
Recommendation / Action Requested: Building official has the reputation as being the most difficult
position to hire due to a shortage of candidates in the field. Staff recommends approving the offer to
Wade Woodward as presented.
Next Steps and Timeline: Staff will notify Mr. Woodward of the council’s decision. If the council
approves the hire, it is anticipated that the candidate would start early September.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
#6A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Review and Accept Proposal for Professional Services for Badger Park
Playground Area
Meeting Date: August 13, 2018
Prepared by: Marie Darling
Attachments: Loucks Proposal
ISG Proposal
Resolution Approving Proposal
Policy Consideration: Should the City Council enter into a contract to provide professional services to
complete the Badger Park Playground redevelopment project?
Background: The Badger Park playground project needs has been through the preliminary design with
the Parks Commission and the playground designers. At this point, the City needs the appropriate
professionals to mold the preliminary/concept plans into construction documents and provide
construction management to complete the project.
Staff has solicited proposals from two firms to provide the necessary expertise to complete the project.
Loucks, Inc. and ISG Group. Both firms have staff that are equally qualified to complete the work and
experienced with park projects.
The proposed professional services include the following:
1.Existing conditions surveying
2.Final cost estimating
3.Construction documents
4.Construction management and observation
5.Construction staking.
6.Coordination with other consultants, such as geotechnical engineers, playground installers,
etc.
Loucks’ Proposal:
Total Estimated Fee: Loucks estimates the cost to provide the scope of services outlined in their
proposal to be $22,900.
Time Schedule: Loucks proposes to begin with the preparation of the plans and design work
immediately. Plans would likely take 6-8 weeks (through the end of September), then proceed to bid
and construction.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\Parks\Badger Park\2017-2018 rehab\Council CAF and Resolution\CAF accept professional services.docx
ISG’s Proposal:
Total Estimated Fee: ISG estimates the cost to provide the scope of services outlined in their proposal is
$19,000 for all the work above except construction staking, management and observation. An
additional agreement would be required for those services.
Time Schedule: ISG proposes to begin with the preparation of the plans and design work around
September 1. Plans would likely take two months through mid to late October, then proceed to bid and
construction.
Financial or Budget Considerations: Both bids are near staff’s anticipated estimate for consultant
services. The proposal for Loucks includes the cost of construction management and observation which
allows the City the opportunity to budget the total cost of their services.
Recommendation / Action Requested: Staff recommends acceptance of the proposal from Loucks and
further recommend that the City Council authorize the City Administrator and Mayor to enter into an
agreement with Loucks to provide the professional services listed above.
Options: Approve either proposal or direct staff to request additional bids.
Next Steps and Timelines: The City would work with the chosen company to complete the plans and
provide a schedule for the reconstruction of the park.
Connection to Vision / Mission: Quality public services.
CITY OF SHOREWOOD
RESOLUTION NO. 18-077
A RESOLUTION ACCEPTING A PROFESSIONAL SERVICES PROPOSAL WITH
___________________ FOR PROFESSIONAL ENGINEERING SERVICES FOR
BADGER PARK PLAYGROUND AREA
CITY PROJECT 18-07
WHEREAS
, the City of Shorewood (“City”) desires to redevelop Badger Park and has
spent considerable time and effort reviewing concept site plans and playground equipment; and
WHEREAS
, the City must enter into a professional services agreement to complete the
final design and construction plans and provide construction management and observation
through completion; and
WHEREAS
, the City reviewed a proposal for professional services from __________.
NOW, THEREFORE, IT IS RESOLVED
that the City Council of the City of
Shorewood hereby accepts the submitted estimate of $_________ for professional services for
the redevelopment of the Badger Park playground area, and,
BE IT FURTHER RESOLVED
that the Mayor and City Administrator be hereby
authorized to execute an agreement with ____________ for the professional services outlined in
the proposal.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 13th
day of August, 2018.
___________________________
Scott Zerby, Mayor
ATTEST:
________________________________
Sandie Thone, City Clerk
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JULY 17, 2018 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:02 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Eggenberger, Gorham, and Riedel; Planning Director
Darling; and, Council Liaison Johnson
Absent: Commissioner Davis
1. APPROVAL OF AGENDA
Eggenberger moved, Riedel seconded, approving the agenda for July 17, 2018, as presented. Motion
passed 4/0.
2. APPROVAL OF MINUTES
June 5, 2018
Gorham moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of
June 5, 2018, as presented. Motion passed 3/0/1 with Riedel abstaining due to his absence at the
meeting.
3. PUBLIC HEARINGS
A. PUBLIC HEARING – PUD AMENDMENT REGARDING BUILDING HEIGHT
Applicant: Lennar Homes and Gonyea Homes
Location: Minnetonka Country Club PUD
Chair Maddy opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing.
Director Darling explained that Lennar and Gonyea Homes have requested a PUD amendment for the
Minnetonka Country Club which is located between Smithtown Road and Yellowstone Trail. She
reviewed the development and structures in the area. The PUD amendment request is for the building
height of certain homes in this development to be different than others in the City and to measure height
from the average between the highest and lowest points of grade adjacent to the home to the average
between the peak and eave. Staff finds that the applicant has minimized the number of homes proposed
and minimized the impact of the greater height on the adjacent community and recommends approval.
Commissioner Riedel asked for clarification of what a villa lot is.
Planning Director Darling explained that the villa lots are empty-nester style homes that are on smaller
lots that have common maintenance.
Commissioner Riedel asked if there were any homes that would not have a walk-out basement design.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 17, 2018
Page 2 of 4
Planning Director Darling stated that there are some that do not have walk-out basements but, those are
excluded from the PUD amendment request.
Commissioner Riedel asked if the City had gotten any feedback from the residents that were contacted.
Planning Director Darling stated that the City has not heard from any residents.
Commissioner Riedel asked if there have been any other instances of going above the 35-foot height
limitation or variances granted to allowed it.
Planning Director Darling stated that Shorewood Landings exceeds the 35-foot limitations but is not a
single-family unit. She noted that she did not find any height variances in her research.
Commissioner Riedel noted that the letter from the applicant mentions that they felt the language in the
code was misleading.
Planning Director Darling stated that the code language is consistent, however, you have to know where
to look and has added this item to her list for the Planning Commission to look at clarifying to avoid
future confusion.
Mark Sonstegard, Lennar Homes, stated that they had reviewed the PUD agreement and the code where
they looked under building height. He stated that they even met with Building Official Pazandak to
review the plans and were asked if they were aware of the 35-foot rule. They told him yes and it was not
until the first two-story building permit was in for a walk-out lot at which time they realized they had
missed the terms “average land grade” which left them a bit confused. He stated at that point they
contacted Planning Director Darling. He agrees with Planning Director Darling that this portion of the
code is a little confusing.
Commissioner Riedel asked what the total height is from the lowest point that they are asking for.
Steve Ellefsen, Architectural Manager, Lennar Homes, stated that the homes fall between 38 and 39 feet
when measured from the lowest grade.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:23 P.M.
There being no public comment, Chair Maddy closed the Public Testimony portion of the Public Hearing
at 7:24 P.M.
Chair Maddy stated that he agrees with the applicant that the code is misleading and feels it should be
discussed for future clarification.
Riedel moved, Gorham seconded, recommending approval of the PUD Amendment Request from
Lennar Homes and Gonyea Homes. Motion passed 4/0.
Planning Director Darling stated that this item will come before the City Council on their August 13,
2018 agenda.
4. OTHER BUSINESS
A. DISPOSAL OF PUBLIC PROPERTY
Applicant: City of Shorewood
Location: 22000 Stratford Place
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 17, 2018
Page 3 of 4
Planning Director Darling stated that the City has been approached by someone who would like to buy a
vacant piece of property located at 22000 Stratford Place. She explained that the property is part of the
nd
Woodhaven 2 Addition subdivision that was platted in 1979 and originally housed a well house. She
stated that the well house was demolished in 2008 and the well was sealed and the parcel has been vacant
since then. She stated that there is a stormwater management feature located on the property that would
need to remain. Staff is recommending approval.
Commissioner Riedel asked if there was any potential for liability with contaminated soils, for example.
Planning Director Darling stated that the risk would be fairly minimal since the City knows what the
property has been used for and has been disclosed to the potential property owner.
Commissioner Eggenberger asked if there was any reason why a home could not be built on the property.
Planning Director Darling stated that the preliminary research shows that it would be large enough for a
home.
Chair Maddy asked how the City would guarantee it would be getting a fair price since it is not being sold
on the open market.
Planning Director Darling stated that the City Assessor did an assessment on the property to come up with
the price.
Commissioner Riedel asked if there would be any reason to put the lot on the open market.
Commissioner Gorham asked if the City had a procurement officer and stated that it feels like it shouldn’t
just be a “first come, first served” with anything the City owns.
Planning Director Darling noted that the City Administrator has been fulfilling that role but, doesn’t have
the official title.
Commissioner Riedel asked if there would be any reason for the City to retain this land for parkland or
other use. Planning Director Darling responded that the City had reviewed the site for a potential park
some time back and decided against a park in that area.
Chair Maddy opened the floor for public comment at 7:37 p.m.
There being no public comment, he closed the public testimony portion of the meeting at 7:37 p.m.
The Planning Commission discussed the price of the lot and the potential for perceived impropriety that
this is an inside deal.
Planning Director Darling noted that if this moves forward, the lot would need to be replatted and the
legal description changed from an outlot to a lot and block legal. She stated that it will also require a
variance to allow for a single-family dwelling to be built on it.
Gorham moved, Eggenberger, to recommend that the City proceed with the sale of 22000 Stratford
Place. Motion carried 4/0.
5. MATTERS FROM THE FLOOR
None
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 17, 2018
Page 4 of 4
6. REPORTS
• Liaison to Council
Council Liaison Johnson noted that there were no Planning Commission items on the most recent Council
meeting. He stated that the largest discussion item was the surface material for the Badger Park
playground. He stated that the Parks Commission had recommended wood fiber, but the Council opted to
go with the poured in place rubber. He stated that the Council also voted to conduct speed sampling on
Smithtown Road near Minnewashta Elementary School as well as a section of County Road 19 between
Minnetonka Drive and Highway 7.
• Draft Next Meeting Agenda
The Planning Commission discussed the language clarification that may be needed as discussed in the
PUD item from earlier in the agenda. Director Darling stated that she will conduct a survey of other cities
as part of the research for a possible code amendment on this issue.
Director Darling asked for volunteers to present at the upcoming Council meetings.
Commissioner Gorham – August
Commissioner Maddy – September
Commissioner Riedel – October
Commissioner Davis - November
Commissioner Eggenberger – December
Council Liaison Johnson stated that he had one more update regarding the application to open a tattoo
establishment. The Council approved the application, but chose to remove all language that related to
body piercing.
Director Darling stated that for the August 28, 2018 meeting agenda, there will possibly be two minor
subdivision requests. She stated that there would be a work session meeting with the Council to discuss
the Comprehensive Plan on August 13, 2018.
7. ADJOURNMENT
Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of July 17, 2018, at
8:00 P.M. Motion passed 4/0.
#7B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
rd
Title / Subject: Minnetonka Country Club – 3 Amendment to Development Agreement
Meeting Date: August 13, 2018
Prepared by: Marie Darling
Review Deadline: September 1, 2018
Attachments: Planning Director’s Memo
Development Agreement
Resolution Approving a 3rd Amendment to the Development Agreement
Policy Consideration: Should the City approve the amendment to the Development Agreement for the
Minnetonka Country Club PUD?
Background: For additional background, see the
attached Planning Director memo. Lennar and Gonyea
Homes are requesting an amendment to the way
building height is measured to be able to offer greater
variety of home options on walk-out lots.
This amendment to the development agreement
would allow the height to be measured, as follows:
From the average between the highest and lowest
point of finished surface of the ground, paving or
sidewalk within five feet of the building up to the
average between the peak and eave of the highest
gable on a pitched or hip roof.
The ordinance currently requires buildings to be measured, as follows:
From the lowest point of finished surface of the ground, paving or sidewalk within five feet of the
building to the average between the peak and eave of the highest gable on a pitched or hip roof.
The difference between the two means of measuring height is nearly 5 feet. The applicants have
requested the height change for 40 of the 142 total lots in the development. All of the affected lots are
walkout lots which are the most constrained by the current method of measuring height.
On July 17, 2018, the Planning Commission reviewed the request at a public hearing and voted
unanimously to support the change. They further directed staff to begin preparing a correction to the
language in the ordinance that caused the initial confusion. The applicant was present at the meeting.
No one from the public requested to speak.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\Planning\Planning Files\Applications\2018 Cases\MCC PUDA for height\CAF 3rd amend height.docx
Financial or Budget Considerations: NA
Options: Approve, modify, or deny the amendment.
Recommendation / Action Requested: Staff and the Planning Commission recommended approval of
the amendment.
Next Steps and Timelines: The City will record the amended development agreement.
Connection to Vision / Mission: Quality public services.
LENNAIT
May 24, 2018
Marie Darling, Planning Director..
City of Shorewood
5755 Country Club Road CITY O , E 'Ai ,
Shorewood, MN 55331
Re: Minnetonka Country Club PUD — Request for Amendment
Dear Ms. Darling:
Lennar Homes (formerly CalAtlantic Homes) and Gonyea Homes are the exclusive Builders in
the Minnetonka Country Club neighborhood currently being developed by Mattamy Minneapolis
LLC. Both Builders have run into difficulty meeting the maximum building height condition as
noted in Sec I.B. of the Minnetonka Country Club PUD Agreement.
Per the Agreement, the maximum building height, as defined by the Shorewood Zoning Code,
shall be two and one -half stories or 35 feet, whichever is less. In reviewing the City Code,
Section 1201.02 defines the maximum building height as " a distance measured from the
average land grade to the mean distance (between eaves and peak) of the highest gable on a
pitched or hip roof'. The section goes on to define the average land grade as "the lowest point
of elevation of the finished surface of the ground, paving or sidewalk...". It seems contradictory
that the average land grade is defined as the lowest land grade. Further, on any walkout lot, it
forces the design of the roof to incorporate roof pitches that are inconsistent with the quality of
homes we are building in MCC.
For example, a typical basement height is 9 feet, typical 1St floor main living space at this price
range is 10 feet and typical 2nd floor elevation is again 9 feet high. Adding in two floor systems
at 1 foot 6 inches each gives a total of 31 feet before the roof structure. For our homes, even a
4/12 pitch roof structure would use up more than the remaining 4 feet, therefore putting a typical
walkout portion of a home over 35 foot maximum. See attached exhibits for calculations of
building heights and examples.
Lennar Homes, along with Gonyea Homes request an amendment to Minnetonka Country Club's
PUD Agreement to define the "average grade around the homes" as the "average grade around
the home "; not the lowest grade around the home. To lessen any perception that this will be
somehow objectionable to residents driving by the neighborhood, the suggested amendment
would only be applied to lots where the rear of the home or the walkout conditions faces inward
to the development. For lots where the rear of the home faces outward of the development, this
amendment would not apply. Specifically, this amendment would not apply to the following lots
per the preliminary plat plan: Lots in Block 2, Lots in Block 3, Lots 4 -10 in Block 5; Lots 23 &
24 in Block 7 and Lots 15 -18 in Block 10. (See Attached)
s6305 3611' Ave. N. e Suite 600 e Plymouth, MN SS446 4 Phone: 952.- 249 -30oo- Fax: 952-2493075
We appreciate your review and welcome comments you may have regarding this request. As the
exclusive Builders in Minnetonka County Club, it is our goal to have a successful development
that the City can be proud of. We believe our proposal accomplishes both these goals. Thank
you for taking the time to consider this request. Please feel free to contact Mark Sonstegard with
Lennar Homes at 952.229.6007 or at inark.sonste(-Yard(t lennar.coin if you have any questions.
Sincerely,
Oe
Mark onstegard
Director of Land Development
Lennar Homes, Minnesota
Steve Ellefsen
Architectural Manager
Lennar Homes, Minnesota
cc: Brian Theis, Mattamy Minneapolis, LLC
'S3), 35•',;\ve, iJ. , Suite 000 • rIy„)outh, iv'sti 554t,6 , Phone: <;:1 -zr,�• ono Rm 952 -Z 6`3075
Marie Darling
Subject: FW: application form and fees
From: Rick Packer [ mailto:rpacker @gonyea homes. comj
Sent: Thursday, July 12, 2018 6:30 PM
To: Marie Darling <MDarling @ci.shorewood.mn.us >; Mark Sonstegard <marl<.sonstegard @lennar.com>
Cc: Steve Ellefsen <steve.ellefsen @ lennar.com>; Bill Coffman <bcoffman @gonyeahomes.com>
Subject: RE: application form and fees
Hi Marie,
As a custom home builder, we're a little different than Lennar when it comes to addressing
unusual ordinances. Each home we build is different because it starts (mostly) with a
Buyer's needs. But I can say a few things that Lennar and Gonyea likely have in common.
The height of our buildings has increased more than a foot simply due to energy code
changes. We now need to incorporate heating returns in the floors, turning the 12" I-
beam into a 20" truss (I may not be saying this correctly - I'm a land guy). While building
codes have changed, zoning codes have not.
I don't think anyone can argue that the public's (and therefore zoning codes) view of 4/12
and 6/12 has changed. As a developer almost 20 years ago, we required a 7/12 pitch on
homes in our neighborhoods. The cities liked what they saw and incorporated it into their
requirements. But they didn't change the code with respect to building heights.
Part of the home building process is the management of client expectations. Candidly, the
first thing we relay to our clients is that the Gonyea custom homes they went to in
neighboring communities can't be built in Shorewood due to the way Shorewood
measures the height of a building. They cannot have 9' ceilings on the second floor. In
the price range we (and Lennar) are building, this is a tough pill for the clients to
swallow. Our architects each have their own way of explaining this and go into the ways
we can help mitigate this, but it's not what they wanted and it's something they could get
in other communities.
To compound the matter, we are hesitant to flatten the roof pitches any more than
necessary; the house body and the roof will become disproportional. To maintain some
proportionality, we end up having sloped ceilings in the some of the rooms in the upper
level. As one can imagine, this lessens the amount of useable square footage in the
room. It also requires us to add dormers and other ceiling treatments that add to a
cluttered roof line and add costs.
1
As to any suggestion that we build 8' basements, we simply do not build 8' basements in
this, or any, price range. The market has pretty much moved away from 8' basements
unless affordability is the major driver.
As a custom home builder for better than 30 years, we've built on all sorts of lots and all
sorts of nuanced zoning codes; that's why we have 4 in -house architects. I'm sure the
general public thinks our homes look fine; what's the big deal? My response is that they
could look better than "fine ", that we wouldn't need roof and gutter systems designed by
NASA, and each of our homeowners would be happier if they were able to have 9' ceilings
on every floor. Up until this point I haven't provided drawings because I don't think our
drawings would be able to properly depict these shortcomings.
While I'm on a roll, as a former employee of a large, national builder ( Mattamy), I can say
that the difficulties Lennar is experiencing are significantly larger and impactful to their
business than to a smaller, custom home builder. Had Mattamy gone forward with the
neighborhood, they would be asking for the same considerations. Furthermore, if the
roles were reversed and Gonyea had twice as many lots, Gonyea Homes would be leading
the charge. We are both in the business of addressing the needs /desires of the market;
the larger the stake, the greater the need to address them, and to be able to compete with
surrounding communities.
I will be out of town until Thursday next week, so I can't attend the meeting. I'm hesitant
to have one of our architects attend the meeting; my fear is that he /she might get "in the
weeds" answering questions. I will try to get our other "land guy" to attend but, like me,
he'll just add to the number of non - architects in the room! I will be able to attend the City
Council meeting, however. If you have questions, shoot me an email or voice mail and I'll
get back to you as soon as I can. Also, please feel free to include this email with your
report. If I knew it was going to get this long- winded I would have put it on letterhead!
Thanks Marie.
Rick Packer
Land Manager
Cell: 612.868.5862
Main: 763.432.4500
IM GO NY EA
LIKE US ON FACEBOOK a GONYEA HOMES
VISIT OUR WEBSITE
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REAR SIDE
SALISBURY 1
WALKOUT
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
MINNETONKA COUNTRY CLUB
THIRD AMENDMENT TO
PLANNED UNIT DEVELOPMENT
RD
THIS 3 AMENDMENT TO DEVELOPMENT AGREEMENTS
, dated August 2,
2016, July 24, 2017 and March 15, 2018 (the “Development Agreements”) made this ___ day of
CITY OF SHOREWOOD
_______, 2018, by and between the , a Minnesota municipal
MATTAMY MINNEAPOLIS LLC
corporation, (the “City”), and , a Delaware limited liability
company, (the “Developer”) setting forth the amended rights and obligations of the parties relating
nd
to the Minnetonka Country Club, Minnetonka Country Club 2 Addition and Minnetonka Country
rd
Club 3 Addition (the “Project”).
RECITALS
1.The affected properties within the Project are legally described as;
2.Lots 10-13, Block 4 Minnetonka Country Club; Lot 22, Block 5 Minnetonka
Country Club; Lots 3 and 9, Block 7 Minnetonka Country Club; Lots 5-18, Block
nd
2 Minnetonka Country Club 2 Addition; Lots 1 and 2, Block 3 Minnetonka
nd
Country Club 2 Addition; and Lots 1-7, 9-10, 13-14 and 16, Block 1 Minnetonka
rd
Country Club 3 Addition; and
3.The Developer desires additional flexibility for the height of buildings on the
parcels referenced above.
In consideration of the mutual covenants and guarantees contained herein, the
parties hereby agree to the following amendment.
AMENDMENT
1.The Developer and City agree to allow the height of the principal structures to be
measured differently for the parcels described above in the Project, and amend Paragraph 1B of
the respective Development Agreements to read as provided below:
1.B. Maximum principal building height shall be two and one-half stories or 35
feet, whichever is less. The height shall be measured from the average between the
highest and lowest point of finished surface of the ground, paving or sidewalk
within five feet of the building up to the average between the peak and eave of the
highest gable on a pitched or hip roof. Other roof types for the principal buildings
and the height of detached accessory buildings shall be as defined by the
Shorewood Zoning Code.
2. The Developer and City agree that all other provisions in the Development
Agreements shall remain in full force and effect.
IN WITNESS WHEREOF
, the parties hereto have caused these presents to be executed
on the day and year first above written.
MATTAMY MINNEAPOLIS, LLCCITY OF SHOREWOOD
By: By:
Its: Its: Mayor
ATTEST:
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ___day of ___________, 2018, before me, a Notary Public within and for said
County, personally appeared Scott Zerby and Greg Lerud to me personally known, who, being
each by me duly sworn, did say that they are respectively the Mayor and City Administrator of the
municipal corporation named in the foregoing instrument, and that said instrument was signed and
sealed on behalf of said corporation by authority of its City Council, and said Mayor and City
Administrator acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ____ day of ______________, 2018, before me, a Notary Public within and for
said County, personally appeared _______________________, the _____________ of Mattamy
Minneapolis LLC, a Delaware limited liability company, the Developer, described in and who
executed the foregoing instrument and acknowledged that it executed the same as the free act and
deed of said limited liability company.
Notary Public
Prepared by:
Shorewood Planning Dept.
Shorewood City Hall
5755 Country Club Road
Shorewood, MN 55331
S:\Planning\Planning Files\Applications\2018 Cases\MCC PUDA for height\DA Amendment.docx
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
_______________________________________________________, fee owners of all or
part of the subject property, the development of which is governed by the foregoing 3rd Amendment
to Development Agreement, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _______ day of _______________, 2018.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2018, by ______________________________________________________.
________________________________________
NOTARY PUBLIC
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
_______________________________________________________, which holds a
mortgage on the subject property, the development of which is governed by the foregoing 3rd
Amendment to Development Agreement, agrees that the development contract shall remain in full
force and effect even if it forecloses on its mortgage.
Dated this ______ day of _______________, 2018.
_________________________________________
By: ______________________________________
Its: ______________________________________
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2018, by ______________________________________________.
________________________________________
NOTARY PUBLIC
CITY OF SHOREWOOD
RESOLUTION NO. ________
A RESOLUTION APPROVING A THIRD AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR MINNETONKA COUNTRY CLUB P.U.D.
WHEREAS
, in 2016, the City of Shorewood approved a final plat and Development
Agreement for the Minnetonka Country Club, in 2017 the City of Shorewood approved a final
nd
plat and Development Agreement for the 2 Addition and in 2018, the City of Shorewood
rd
approved a final plat and Development Agreement for the 3 Addition, whch together make up
the Minnetonka Country Club PUD (the Project); and
WHEREAS
, the Project is located at the southwest corner of the intersection of
Smithtown Road and Country Club Road, and includes lots legally described as:
Lots 10-13, Block 4 Minnetonka Country Club; Lot 22, Block 5 Minnetonka Country Club;
Lots 3 and 9, Block 7 Minnetonka Country Club; Lots 5-18, Block 2 Minnetonka Country
ndnd
Club 2 Addition; Lots 1 and 2, Block 3 Minnetonka Country Club 2 Addition; and Lots
rd
1-7, 9-10, 13-14 and 16, Block 1 Minnetonka Country Club 3 Addition; and
WHEREAS
, the Project is subject to Development Agreements, dated August 2, 2016,
July 24, 2017 and March 15, 2018 (the Agreements) which outlines the required height of
buildings and structures for the Project; and
WHEREAS
, Lennar Homes and Gonyea Homes (Applicants), have requested an
amendment to the Agreement, that would modify the definition of building height for principal
buildings in the development on the affected lots described above.
NOW, THEREFORE, BE IT RESOLVED
that the City Council of the City of
Shorewood has approved a Third Amendment to Development Agreement, as follows:
1.The request for this Third Amendment to the Development Agreement allowing the
developer and builders an alternative definition of building height for the affected lots is hereby
approved.
2.This Resolution authorizes the Mayor and City Administrator to execute this Third
Amendment to Development Agreement on behalf of the City of Shorewood.
th
Adopted by the City Council
of the City of Shorewood this 13 day of August, 2018.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
S:\Planning\Planning Files\Applications\2018 Cases\MCC PUDA for height\resolution.docx
2
#9A
A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Badger Park – Noise Study
Meeting Date: August 13, 2018
Prepared by: Marie Darling, Planning Director
Attachments: Noise Study
Background: On June 12, 2018, Mr. Ron Goetz of 5790 Echo Road, reported a concern with the level of
noise during practices and games on the multipurpose field at Badger Park. Staff contracted with WSB
to perform a noise study in the area.
Based on the noise levels measured, the consultant concluded that the noise levels produced during
games are below the threshold listed in Minnesota State statute and consequently does not require
remediation or abatement.
The study found a 3.2 to 6.6 decibel difference in noise levels on Mr. Goetz’ property when the field is in
use versus when there is no activity. It also found that the difference is greater on Mr. Goetz’ property
than on his neighbors’ property to the east.
Although the study found no remediation was required, the consultant listed three possible options to
reduce noise:
1.Construct a noise barrier (sound wall) to deflect the noise.
2.Construct a 6-8 foot berm to absorb the sound.
3.Increase plantings to absorb the noise.
The consultant noted that at least 200 feet of forest depth is required to absorb sound, so it is unlikely
that increasing landscaping between the field and Mr. Goetz home would functionally reduce noise
levels due to inadequate distance between the field and the complainant’s home. Staff did have some
additional conifers from this year’s tree sale that we planted in Mr. Goetz’ rear yard to provide a visual
barrier.
The other two options have the benefit of reducing the noise levels, but both have drawbacks:
6-8 Foot Berm: Likely required removal of existing trees, need for fill to create the berms, and
the berm complicates construction of the ADA accessible trail along the south side of
the field (as part of the upcoming improvements for Badger Park). The consultant
indicated that 2:1 slopes would be required. That slope is generally considered too
steep to mow.
Noise Barrier (i.e. a sound wall): Drawback is the likely cost. The consultant indicates that $36
per square foot (not lineal foot) is the standard estimation for noise barriers. The
necessary height was not determined in this study, but a six to eight-foot fence (the
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\Planning\Code Enforcement\2018 Violations\Badger Park Noise Complaint\CAF 081318 2.docx
same height as the berm) for 300 lineal feet would likely be between $65,000 and
$86,000.
Financial or Budget Considerations: Cost of the remediation varies and is dependent on the number of
properties affected.
Recommendation: Because the noise generated is below the state requirements for
remediation/abatement, staff recommend that no action be taken to remediate/abate the noise
produced on the field.
Connection to Vision / Mission: Quality public services, sound financial management.
701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800
Memorandum
To: Marie Darling
Planning Director, City of Shorewood
From: Matt Gjersvik, PE, PTOE
Date: July 26, 2018
Re: WSB Project No. 012498-000
Badger Park Noise Monitoring Results
Background
The City of Shorewood requested assistance in addressing a citizen noise complaint near the Badger
Park lacrosse field. The complainant stated that noise generated from practices and games at the
lacrosse field were occurring on many weeknights and during large portions of the day on the weekends.
WSB provided noise analysis services to the City of Shorewood by monitoring noise conditions during
inactive and active lacrosse field conditions, and then analyzing the two sets of data for use in this
technical memorandum.
Noise Rules in Minnesota
Noise is defined as any unwanted sound. The Minnesota Pollution Control Agency (MPCA) has set limits
based on time of day, land use, and duration and intensity of noise. For residential locations (NAC 1), the
limits are L = 65 dBA and L = 60 dBA during the daytime (7:00 a.m. – 10:00 p.m.) and L = 55 dBA
105010
and L = 50 dBA during the nighttime (10:00 p.m. – 7:00 a.m.) (Minn. R. 7030.0040). This means that
50
during a one-hour period of monitoring, daytime noise levels cannot exceed 65 dBA for more than 10
percent of the time (six minutes) and cannot exceed 60 dBA more than 50 percent of the time (30
1
minutes). Table 1 below contains the daytime and nighttime L and L noise limits for three defined
1050
Noise Area Classifications (NAC)
Table 1 – MPCA Limits for Noise Area Classifications
NAC 1: Residential housing, religious activities, camping and picnicking areas, health
services,
hotels, educational services
NAC 2: Retail, business and government services, recreational activities, transit passenger
terminals
NAC 3: Manufacturing, fairgrounds and amusement parks, agricultural and forestry activities
NAC 4: Undeveloped and unused land
Building a legacy – legacy.
your
Equal Opportunity Employer | wsbeng.com
C:\Users\mdarling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0T1QDSWV\Shorewood Noise Analysis - Badger Creek Park.docx
Badger Park Noise Monitoring
July 23, 2018
Page 2
Noise Monitoring Procedure
WSB gained permission to collect noise data on two adjacent properties near the Badger Park lacrosse
field. The address of Site 1 is 5790 Echo Road, Shorewood, MN and the address of Site 2 is 5800 Echo
Road, Shorewood, MN. Both properties are within 500-feet of the lacrosse field. The site layout can be
found in Figure 1. Two 30-minute data sets were collected at each location; one during the hours of 1:00-
thth
3:00 PM on Tuesday, July 17 2018 and one during the hours of 5:30-8:30 PM on Wednesday, July 20
th
2018. The data collected on July 17 was during a period of inactivity on the lacrosse field. The data
th
collected on July 18 was collected during a 12U Minnetonka boys lacrosse match.
WSB used a Larson Davis 831 sound level meter which complies with specifications for ANSI S1.4-2014
Type 1. The instrument was set to record A-weighted, fast response characteristics as specified in the
MPCA 2015 Noise Guidance document. Data points were collected every second, generating 1,800
thth
individual measurements per monitoring period. The weather on both July 17 and July 18 was clear,
and wind speeds were below 11 miles per hour. The sound level meter received a factory calibration in
thth
June of 2018, and was field calibrated before data collection on both July 17 and July 18. The
monitoring equipment was set up in areas of normal outdoor use in each of the back yards.
Figure 1 – Analysis Area
Data Analysis and Results
The results of the noise monitoring can be found below in Table 2. The equivalent noise value for each of
the 30-minute periods (L) is listed for comparison as well.
eq
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Badger Park Noise Monitoring
July 23, 2018
Page 3
Table 2 – Noise Monitoring Results
Difference
July 17th - Inactive July 18th - Active (Active-Inactive)
Site 1 Site 2 Site 1 Site 2 Site 1 Site 2
L 49.5 47.8 53.6 55.4 4.1 6.6
10
L 45.4 44.3 46.2 47.5 0.8 3.2
50
L 48.9 45.9 51.8 52.5 2.9 6.6
eq
For both locations, the active monitoring times are louder than the inactive times for L, L and L
1050eq
values. However, none of the L or L values during the lacrosse activities exceed MPCA limits shown
1050
in Table 1. Because of this, there is no requirement by state standards to pursue noise abatement
measures.
Recommendations
If the city chooses to pursue noise mitigation measures for the lacrosse field, there are a few options
available listed below:
1. Noise Berm – There is enough room between the edge of the lacrosse field and the edge of the
complainant properties to construct a noise berm six to eight-feet high with 1:2 slopes. This may
provide some noise abatement, but will require the removal of several mature trees between the
residential property and the field. The cost of the berm would be based on the length, height and
cost of material.
2. Increased Tree Cover – This would involve planting dense shrubbery or evergreen trees along
the property line to potentially reduce the sound of the lacrosse field. It is unlikely this will
produce effective results because typically 200-feet of forest depth is required to cause noticeable
reductions in noise.
3. Noise Barriers – By MnDOT’s 2017 noise requirements, noise barrier is usually given a cost of
$36 per square foot for analysis purposes. This option would effectively block much of the noise
from the lacrosse field, but would have to extend past the complainant property borders to be
effective. The expense and public acceptance would be the most apparent risks for this option.
The City of Shorewood may also consider development of a noise analysis model to evaluate the
effectiveness of each mitigation measure before any decisions are made.
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